Teen driver sentenced to speak on distracted driving

A teenage driver who struck and killed a pedestrian in Morenci last fall is to speak at local high schools about the dangers of driving while distracted by electronics.

David Scott Gerken, 18, of Morenci offered to help raise awareness of the dangers of distracted driving as part of his sentence Friday in Lenawee County District Court. He was sentenced to 90 days in the Lenawee Development Corp. work-release facility and 240 hours of community service work, which is to include speaking at local schools.

Gerken admitted using a cellular telephone when he struck a pedestrian while driving to school the morning of Oct. 22.

Matthew Phelps, 36, was pronounced dead at the scene of the accident shortly before 7 a.m. on North Street in Morenci. He was the father of four children.

Gerken was charged earlier this year with a misdemeanor count of moving violation causing death, carrying a maximum one-year jail term.

Family members of the victim asked Judge Laura J. Schaedler not to send Gerken to jail.

“It’s the wish of the family that David not go to jail. We don’t know that that would be a benefit to anyone,” said Phelps’ stepmother, Pearl Phelps, of Morenci.

“I know what David did caused a lot of heartache. But I know David is not a criminal,” Pearl Phelps told the court. What is needed is to teach other young drivers, she said, “that you can’t play with toys while you’re driving.”

Defense attorney James Daly of Adrian said distracted driving is something that will someday be recognized as being as serious as drunken driving. He said Gerken can help raise awareness in Lenawee County to the dangers of using electronics while driving.

Schaedler said a presentence investigation found Gerken is “a very fine young man” who would have been going off to college this fall if this tragedy had not happened.

Cellphones, tablets and other electronic gadgets should be out of reach in the back seat while driving, Schaedler said. But most drivers have allowed themselves to use them while driving.

“Each of us takes our mind off the task at hand, and that’s like a lethal weapon,” she said.

“I’m not sure that jail does a thing for you,” Schaedler said. A jail sentence is also unlikely to serve as an effective example to other young drivers, she said.

“I realize someone’s dead, and that’s important,” Schaedler said. “It doesn’t matter that Mr. Gerken didn’t set out that day to kill someone,” she said. “This is a random act of poor judgement, I guess, that resulted in someone’s death. I don’t think there’s anything the court can do to impact Mr. Gerken’s life any more than that.”

In addition to serving 90 days in the work-release facility and performing 240 hours community service work, she placed him on probation for two years and ordered him to pay $10,000 restitution for Phelps’ funeral expenses. He was also ordered to pay a $100 fine and $775 court costs.